Umesh Singh Kawar vs State Of Chhattisgarh
2025 Latest Caselaw 1186 Chatt

Chattisgarh High Court

Umesh Singh Kawar vs State Of Chhattisgarh on 14 January, 2025

                                       1/3




       HIGH COURT OF CHHATTISGARH AT BILASPUR


                             CRA No. 325 of 2004

             UMESH SINGH KAWAR versus STATE OF CHHATTISGARH

                                  Order Sheet


14.01.2025           Mr. Shobhit Koshta, Advocate for the appellant.

                     Mr. Kishan Lal Sahu, Dy. G.A. for the respondent/State.

Heard on I.A. No.01/2025, an application for suspension of

sentence and grant of bail to the appellant.

By the impugned judgment dated 16.03.2004 passed by the

II Additional Sessions Judge, Ambikapur-Surguja C.G. in

Sessions Trial No.390/99, appellant stands convicted for the

offence punishable mentioned as under:

Conviction Sentence U/s. 366 of the Indian Penal R.I. for 07 years with fine of Code. Rs. 500/- (in default of one year R.I.) U/s. 376 of the Indian Penal R.I. for 07 years with fine of Code. Rs. 500/- (in default of one year R.I.) Both the sentences are to be run-concurrently

Learned counsel appearing for the appellant submits that

the sentence awarded to the appellant was suspended by this

Court vide its order dated 02.04.2004 and the appellant was

released on bail. However, in some occasions the counsel

appearing for the appellant could not appear, therefore, this Court

issued a non-bailable warrant against the appellant. In compliance

of the same, the appellant has been arrested and he is in jail,

therefore, the application may be allowed.

On the other hand, learned counsel appearing for the State

opposes the submissions made by counsel for the appellant.

Heard.

Considering the facts and circumstances of the case and

also considering that the sentence awarded to the appellant was

earlier suspended by this Court and he was released on bail,

therefore, this Court is inclined to allow this application.

Execution of substantive jail sentence imposed on the

appellant shall remain suspended and he is directed to be released

on bail on his furnishing a personal bond for a sum of Rs.5,000/-

with one surety for the like sum to the satisfaction of the

concerned trial Court for his appearance before the concerned trial

Court on 30.01.2025. He shall thereafter appear before the trial

Court on a date to be given to him and shall continue to appear

there on all such subsequent dates as are given to him, till the

disposal of this appeal.

In view of the above, I.A. No.01/2025, application for

suspension of sentence and grant of bail is allowed.

The appeal is of the year 2004, let it be listed in the week

commencing 27th January, 2025.

Sd/-

({Sachin Singh Rajput}) Judge

H. Ansari